IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CIV-2014-404-770 [2014] NZHC 1915
IN THE MATTER OF of an appeal from the Weathertight Homes
Tribunal
BETWEEN
COLIN LOUIS SAYLES Plaintiff
AND
PETER JAMES ADAMS and SUSAN MARGARET ADAMS
Respondents
Hearing: 18 June 2014 Appearances:
Mr P Finnigan for the appellant
Mr J Wood for the respondentsJudgment:
14 August 2014
JUDGMENT OF THOMAS J
This judgment was delivered by me on 14 August 2014 at 4.00 pm pursuant to Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Date:………………………….
Solicitors:
Romaniuk & Associates Law Offices, Auckland. Rainey Law, Auckland.
SAYLES v ADAMS and ADAMS [2014] NZHC 1915 [14 August 2014]
[1] The appellant, Mr Sayles, has appealed against the final determination of the Weathertight Homes Tribunal dated 13 March 2014 upon the grounds that the decision is erroneous in fact and law. The Tribunal held that Mr Sayles was liable in negligence for breaching a duty of care owed to the respondents, Mr and Mrs Adams.
Background
[2] The respondents bought a house on Waiheke Island in 1993. Extensive alterations were carried out between 1995 and 1996. The alterations were not weathertight.
[3] The alterations had been designed by an architect, Ron Stevenson. Gemini Construction Ltd (Gemini), a Signature Homes franchise, was engaged as the head contractor to carry out the alterations (the works). Gemini has now been liquidated and struck off the Companies Register. Terry Easthope was the sole director of Gemini. Mr Easthope has taken no steps in the proceedings and has previously been found liable for the Adams’ loss. He is now bankrupt.
[4] The Adams sued, amongst others, Mr Sayles for the part he allegedly played in causing the loss. They claimed that Mr Sayles was the project manager for the work and responsible for it.
[5] The parties agree that the two possible versions of Mr Sayles’ involvement
before the Tribunal were follows:
1.Mr Sayles was the person at the heart of the operation, the employee of the head contractor who oversaw the work done, participated in the performing some of that work and was the on site co-ordinator. In short he was the project manager;
2.Mr Sayles was a mere labourer with some narrow expertise in masonry that he had picked up over the years. His authority over the site was limited to being a postman, directing the bits of information
that were received to the right people and, when Mr Easthope was not present, being the spokesperson for Gemini.
[6] At the appeal, the appellant’s case appeared to have shifted somewhat. Mr Finnigan’s submissions were on the basis that, even if Mr Adams performed a role as the co-ordinator, he did not assume the responsibilities of project manager.
[7] The adjudicator heard evidence from Mr Adams, Mr Sayles and Mr Ramsey. Mr Ramsey was the plasterer involved in the works. The Tribunal preferred Mr Adams’ version of evidence deciding that Mr Sayles was the project manager and in charge of the overall quality…
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